Hutchison, Kyl propose plan similar to DREAM Act — but without citizenship

Hutchison, Kyl propose plan similar to DREAM Act — but without citizenship

Instead of full citizenship, the final stage under the Achieve Act is a permanent nonimmigrant visa up for renewal every four years. The bill does not call for any changes to the green card system.

sfgate.com
28 Nov, 2012

Outgoing Senators Kay Bailey Hutchison, R-Texas, and Jon Kyl, R-Ariz., introduced legislation Tuesday designed to provide legal standing — but never citizenship — for young illegal immigrants brought to the U.S. by their parents.

The “Achieve Act” creates a three tier system for illegal immigrants of “good moral character” under the age of 28 who were brought to the U.S. before the age of 14 to obtain legal standing while pursuing higher education or military service.

This bill comes after Republican candidates struggled mightily to garner votes from Latin Americans in the general election earlier this month, forcing the issue of bipartisanship in immigration reform.

Hutchison stressed the importance of changing this portion of immigration policy first as a way of “getting the ball rolling,” on comprehensive reform.

“We know that there are children in our country who have been brought here illegally by their parents,” she said. “We think the best step that we can take to address an issue that is very timely is to give a legal status that would be earned.”

The proposal by Hutchison and Kyl — both of whom are retiring Republicans from border states — resembles the Development, Relief and Education for Alien Minors, or DREAM, Act penned by Sens. Orrin Hatch, R-Utah, and Richard Durbin, D-Ill., in 2001.

A staple in immigration reform talks as of late, the DREAM Act also provided temporary legal standing for young immigrants brought to the U.S. as minors who are seeking education or enlisted in military service.

There are minor differences between the bills, such as the maximum age of arrival being lowered from 16 under the DREAM Act to 14 under the Achieve Act and the minimum military service requirement being increased from two years to four years.

The biggest difference is that the Achieve Act does not provide a direct path to full citizenship, as the DREAM Act does. That’s a distinction that Hutchison boasted about — but Democrats blasted.

“Ours is better than the Dream Act because it doesn’t allow them to cut in line,” Hutchison said.”It doesn’t keep them from applying under the rules today, but it doesn’t give them a special preference before those who have waited in line for years to get into the citizenship track.”

Democrats and DREAM Act supporters decried the act as political pandering and counter productive to the pursuit of immigration reform.

United We Dream, an advocacy group for immigrant youth education issued a statement calling the Achieve Act a “cynical political gesture” and rejected it out right for not providing a path to citizenship.

Texas Rep. Charlie Gonzalez, D-San Antonio, also was skeptical of the measure and described it as too little, too late.

“This could have been more timely and meaningfully had it been done in the spring when Sen. (Marco) Rubio was making every indication he was trying to get Republicans on board for DREAM Act,” Gonzalez said. “If this had been initiated and introduced at that time, it would have been a catalyst.

“At this point we’re all looking forward to a comprehensive approach bill that’s not just a DREAM Act for young people.”

Kyl said the Achieve Act clears up issues that both Democrats and Republicans had with the DREAM Act. He added that there are ways, such as marriage to a U.S. citizen, that could help Achieve Act beneficiaries reach full citizenship faster than those waiting for entry into the country.

“What we are basically saying is if you want to go to school — whatever kind of school will prepare you for a good job — and if you have a job and keep a job and don’t get into trouble in this country, you’re going to be here for the rest of your life with a legal status,” he said.

Instead of full citizenship, the final stage under the Achieve Act is a permanent nonimmigrant visa up for renewal every four years. The bill does not call for any changes to the green card system.

Beto Cardenas, a former Hutchison general counsel and current Houston lawyer, said immigration reform is crucial for the business community so employers can have a more reliable workforce, one that isn’t constantly threatened by deportation.

Through his work at a Houston-based law firm Vincent & Elkins, Cardenas acts as legal counsel to several businesses that are impacted by illegal immigration. He argues the Achieve Act is Congress’ best bet for getting immigration reform for young immigrants because of the repeatedly failed efforts to pass the DREAM Act.

“I wouldn’t say that one is better than the other for the business community, but one has failed to get the votes,” he said. ”You can continue to do the same thing over and over but some people would say that’s the definition of insanity when you’re expecting a different result.”

The bill could go to a vote during Congress’ lame duck session, but it is unlikely, Kyl admitted. Both Senators said they briefed the successors, Ted Cruz in Texas and Jeff Flake in Arizona, about the details of the bill. Kyl’s fellow Arizona Sen. John McCain and Florida Sen. Marco Rubio were major players in the drafting of the bill.

Hutchison said she does not want to speak for Cruz, whose father immigrated to the U.S. from Cuba, but she said she believed he will be a “major player” in immigration reform.

Two Senate Republicans on Tuesday unveiled their version of the DREAM Act, called the Achieve Act, which would provide legal status for hundreds of thousands of young undocumented immigrants, many of whom have spent most of their lives in the United States.

The bill introduced by Sens. Jon Kyl of Arizona and Kay Bailey Hutchison of Texas is the latest effort by Republicans to show they are serious about tackling the immigration issue after their poor showing among Latinos in the Nov. 6 election. Both Kyl and Hutchison, both retiring at the end of this session, said they've been working on their bill for a year and it is not a political response to the election. But they said that the timing was right to start the discussion. "We have to get this ball rolling," Kyl said.

They said they have been consulting with Sens. John McCain of Arizona and Marco Rubio of Florida, two Republicans who have been in the forefront of the immigration policy debate. Meanwhile, Rubio has promised to unveil his own "permanent solution" in 2013.

The DREAM Act, which fell short in the Senate two years ago after barely passing the House, would have provided a route to Permanent Residency and a special path to U.S. citizenship for an estimated 1 million to 2 million undocumented immigrants who were brought to the U.S. before age 16, have been here for five years, have graduated from high school or gained an equivalency degree or joined the military or attended college.

The new Achieve Act, which doesn't have much chance of advancing in the remaining few days of the current lame-duck session, requires applicants to enter the country before age 14, to have lived in the United States for at least five years, and, most notably, does not offer a special path to U.S. citizenship. Under the Achieve Act, undocumented immigrants will be on the regular pathway toward permanent residency and potentially citizenship.

The DREAM Act offers applicants temporary residency for a six-year period after completing two years of college or two years in the military. Within this period undocumented immigrants may then qualify for permanent residency, and as a permanent residents can later try the path to citizenship.

As for the Achieve Act, it offers three different visas: the first, good for up to six years, for students; the second, a work visa good for four years, and the third is a permanent nonimmigrant visa that would have to be renewed every five years. Those who fall under the Achieve Act and are interested in U.S. citizenship would have to apply for a green card and go through the same procedures as other immigrants.

The Achieve Act proposal also sets conditions such as no access to federal student loans or other federal benefits. Also, those with permanent visas are not eligible for public welfare benefits.

The DREAM Act establishes some conditions as well. Undocumented youth adjusting to lawful permanent resident status are only eligible for federal student loans --no grants-- which must be paid back, and federal work-study programs, where they must work for any benefit they receive. They would not eligible for federal grants, such as Pell Grants.

A Fox News Latino poll in March showed an overwhelming majority of likely Latino voters, 90 percent, supports both the DREAM Act and a path to citizenship for undocumented immigrants.

With the DREAM Act legislation going nowhere, President Barack Obama in June this year bypassed Congress, taking administrative steps to shield as many as 800,000 immigrants from deportation. The condition was that they were brought to the United States before they turned 16, are younger than 30, have been in the country for at least five continuous years, had graduated from a high school or GED program or had served in the military. They were also allowed to apply for a two-year renewable work permit.

Republicans in the House this week are also taking up a bill that would provide up to 55,000 green cards each year to foreign students in the fields of science, technology, engineering and mathematics. This bill would also make it easier for those with green cards to be reunited with their spouses or children living in their home countries.

Republican lawmakers, including one from here in Arizona, have unveiled a plan that would allow young, undocumented immigrants to work and go to school in this country under certain conditions.

The proposal is called the "Achieve Act." It's supported by Arizona senator Jon Kyl, who's retiring.

"We are introducing this legislation that is not dissimilar from what the president has done de facto, which is a way of righting the situation but doing it in the right way," said Kyl, referring to the president's deportation deferral.

Under the plan, young, undocumented immigrants could apply for three different types of visas. They would not be eligible for federal benefits, and there is no path to citizenship. But they would be able to stay and work here.

It sounds a lot like the Dream Act, and certainly with the Achieve Act, military service and education could pave the way toward permanent residence. But one of the dreamers we spoke with told me that's not enough.

Arizona's undocumented young people, the members of the Dream Act Coalition, who've been pushing for reform for the last few years, felt like they found a friend in President Obama when he deferred deportation for hundreds of thousands in that group.

So what about congressional republicans? Is today's move to roll out an alternative to the Dream Act a step in the right direction?

"I think they have to, it's not a matter of if they want to," says Erika Andiola, one of the dreamers.

She was brought to the U.S. when she was 11. She's still in a kind of legal limbo. She told me this new "Achieve Act" doesn't give her much hope.

"In terms of the timing, I really don't understand why they're doing something now when they could have done something a long time ago."

Senators Kyl and Kay Bailey Hutchinson of Texas told reporters today they have been working on this bill for some time and that, at the very least, it starts the conversation among their congressional colleagues.

"This is not relegating people to some desert island, unable to participate in the civic affairs of our nation at all, and it's certainly not intended to be quite the opposite," says Republican Senator Jon Kyl.

In order to apply for one of the three visas offered, dreamers:

• Must have lived in the U.S. 5 years

• Must have arrived no later than age 14

• Can't have a criminal record

• Must be an English speaker no older than 28

• Won't have access to federal benefits.

"There's just no reason for them to go against something that the majority of Americans really support, which is the Dream Act," says Andiola.

You also have to pay a fee and work your way from one visa to the next in order to stay in this country. As far as a path to citizenship, this is not it.

You can work here, get an education and eventually get permanent status, but Senator Kyl said anything short of marrying a citizen will require you to get in the back of the line, so to speak, for citizenship that might come someday.